Wednesday, July 29, 2015

I concluded as my remark that without justice, peace promotes culture of silence with impunity. The main learning of all three papers was that elimination of masculinity through participation and empowerment of women in reconciliation process is main the instrument to achieve sustainable peace against war.

PVCHR writes to NHRC and policy makers on
26 August,2014 ,” Therefore sir, it is a kind request to direct for
implementation of this landmark decision not only in Maharastra but in all
police station of India to prevent the custodial death and torture in police
station with implementation of Hon' ble D.K Basu guideline.”

This case pertains to a complaint dated 12.02.2012
received from one Shri R.H. Bansal, Human Rights Activist, alleging that the
Army personnels had killed one Ashiq Hussain Rather on 10.02.2012 at
Baramulla, Jammu & Kashmir. The Commission took cognizance on 15.02.2012
and called for requisite reports from the authorities concerned. In response,
the Commission has received Magisterial Enquiry Report and reports from
Ministry of Defence and the Deputy Commissioner, Baramulla. Magisterial
Enquiry was conducted by SDM Sopore. As per the MER, the role of Commanding
Officer of 32 RR was questionable. Major Gopal of 32 RR who was heading the
troopers to the village on the day of incident was also responsible as he
launched the operation without having being first associated by the police
personnel. As per Ministry of Defence report dated 27.08.2013, a Court of
Inquiry was ordered by Army Headquarter. It found that it was a case of
accident in which a single round was accidently fired from the weapon of one
Naik Satendra Singh of 32 RR after he slipped and fell down due to slushy
conditions on the night of 10th February, 2012. There was no mala fide intent
or negligence on the part of the personnel. The findings and opinion of the
Court of Inquiry were approved by GOC, HQ CIF (K)/GOC, HQ 15 Corps and
perused by GOS-in-Charge, HQ Northern Command. Punishment of severe reprimand
and reduction to a lower grade of pay was awarded to the delinquent army
personnel. Office of DGPO, J&K, Jammu informed vide their communication
dated 22.10.2012 that FIR vide No. 6/2012 u/s 302 IPC was registered at PS
Dangiwacha and it was under investigation. The Deputy Commissioner, Baramulla
vide his letter dated 07.08.2014 submitted (i) the proof of payment of Rs.
1.00 lakh to the NOK of the deceased Ashiq Hussain Rather and; (ii) copy of
appointment order dated 22.02.2012 in respect of Mohd Iqbal Rather, the
brother of the deceased as Class IV in Education Department. The Commission
has considered the material on record. State authorities have provided Govt.
job to the brother of the deceased and also compensation of Rs. 1.00 to the
NOK of the deceased. A criminal case vide FIR No. 6/12 u/s 302 RPC has also
been registered. The Competent Court would look into the criminal acts of the
delinquent army officials once the chargesheet is filed. In such
circumstances, the Commission considers that no further intervention is
necessary in the matter. The case is closed. MAIN FILE-38/9/3/2012-AF

These proceedings are in continuation of the earlier
proceedings of the Commission dated 22.04.14, wherein a reminder was issued
to the complainant in the case at the latest address available to submit
comments, if any, within four weeks directing that this shall be the last
opportunity to the complainant, failing which the Commission shall proceed
further on the basis of records available. The Commission has received a
complaint dt.02.03.12, from Shirin Shabana Khan, Member, Senior Management
Team, Manavadhikar Jan Nigrani Samiti stating therein that 23 abducted
children were rescued from Amar Colony and Sonia Vihar. 5 men have been
arrested for their abduction from Ghaziabad and East Delhi. These children
were either employed as workers in roadside stalls and zari units or as
domestic help. They were forced to work for over 12 hours every day. They did
not get any payment and were often ill-treated. Amongst 23 children, 4 were
rescued from a zari factory in Sonia Vihar. They were in the age group of 8
to 10 years native of Katihar District in Bihar. These kids were brought by
one of the accused, Junaiud, who forced them to work in his factory. After
medical examination, the children were given shelter at the DMRC Salaq Balak
Trust Home at Nirmal Chaya Complex. The 19 children rescued from Amar Colony
have also been sent to the Nirmal Chaya Home. Notices have been served to
their employers. The accused persons have been arrested and sent to jail. The
Joint Labour Commissioner, (South) has submitted the report that the child
labour rescue operation was carried out by District task Force on 10.05.11 at
area Garhi, Amar Colony, Lajpat Nagar, New Delhi. During the rescue operation
19 child labourers were rescued from hazardous occupation and processes. Out
of 19 child labourers, 7 were found below the age of 14. They were produced
before the Child Welfare Committee (CWC), Lajpat Nagar, New Delhi on the same
day. Vide order of the CWC, they have been sent to Mukti Ashram for care and
protection. An FIR has also been registered at the Amar Colony, P.S. u/s 23
and 26 of the J.J. Act, 2000 and Section 3 of Child Labour Act, 1986. An
amount of Rs.1,40,000/- has been recovered from the defaulting employers @
Rs.20,000/- per child labour in compliance of the direction of Hon'ble
Supreme Court in the matter of Sh. M.C. Mehta V/s State of Tamil Nadu and the
same has been deposited with the Delhi Child Labour
Rehabilitation-cum-Welfare Society. A list of the rescued children has also
been attached with the report. The Addl. Commissioner of Police, Vigilance,
Delhi has also submitted the report dated 25.09.12 stating therein that on
10.05.11, the SDM, Kalkaji alongwith member of District Task Force which
included Labour Department, NGO Bachpan Bachao Andolan and local police jointly
conducted a raid in Lajpat Nagar and 19 children working in hazardous
category of work/bonded labour were recovered and a criminal case under the
provisions of J.J.Act and Child Labour Act has also been registered at
P.S.Amar Colony. The accused persons, namely, Ramesh, Sareed and Saroj Jha
have been arrested on the same day. Other employers are still absconding.
Investigation of the case is in progress. Rescued children got medically
examined and produced before the CWC. Sincere efforts are being made to
arrest the accused persons. On 07.05.11, on the complaint of Shri Roop
Kishore, a worker of NGO namely, Sewa Bharti, a raid was conducted and 4
children were rescued from the area of Sonia Vihar where children were
employed as bonded labour. A case vide FIR No.58/11 u/s 14/3 Child Labour
Act, 23/26 JJ Act and 16, 17, 18, 19, 374 Bonded Labour System (Abolition)
Act was registered at PS. Sonia Vihar. After completion of the investigation,
charge sheet has been submitted in the case. The Commission examined the
police report as well as the report submitted by the Labour Department.
During enquiry it was found that child labour rescue operation was carried
out by District Task Force on 10.05.11 at area Garhi, Amar Colony, Lajpat
Nagar, New Delhi. During the rescue operation, 19 child labourers were
rescued from hazardous occupation and processes. Out of 19 child labourers, 7
were found below the age of 14 years, therefore, the child labourers were
produced before the Child Welfare Committee, Lajpat Nagar, New Delhi on the
same day. The CWC vide order dated 10.05.11 sent all the children to Mukti
Ashram for care and protection. The FIR was also registered by the Amar
Colony P.S. vide FIR No.181/2011 u/s 23 and 26 of J.J. Act and Section 3 of
Child Labour Act. An amount of Rs. 1,40,000/- has been recovered from the
defaulting employer @ Rs.20,000/- per child labour in compliance of direction
of Hon'ble Supreme Court of India. The rescued 19 children were got medically
examined by the Medical Board of Safdarjung Hospital, New Delhi. Out of 19
child labourers, four child labourers were found engaged in 'Dhaba'/hotel.
Rs.80,000/- have been recovered in favour of Delhi Child Labour
Rehabilitation-cum-Welfare Society and have been deposited accordingly. The
management has deposited DD for an amount of Rs.80,000/- in respect of four
child labourers. During the course of rescue operation, three child labourers
were found engaged in the zari embroidery work. The defaulting employer has
deposited Rs.20,000/- in respect of each child employed in favour of Delhi
Child Labour Rehabilitation-cum-Welfare Society. They have also deposited DD
accordingly. The police alongwith voluntary NGO Shakti Wahini rescued four
child labourers. These child labourers were engaged in the mala making. This
category of occupation does not fall in the item list of Schedule part A
& B of the Child Labour Act, 1986. Hence recovery of Rs.20,000/- in
respect of each child labour is not applicable. The police have lodged an FIR
u/s 14/3 of the Child Labour Act and u/s 23/26 of JJ Act, u/s 16, 17, 18, 19
of the Bonded Labour System Abolition Act, 1976 and u/s 374 of the IPC
against the employer. As per order of the CWC, all the children have been
sent to Mukti Ashram for care and protection. The accused persons have been
challaned under relevant provisions of the law. The amount recovered has been
deposited with the Child Welfare Society. The accused persons have been
arrested and sent to jail. After investigation, charge sheet has been
submitted against them which is pending in the Court for judicial verdict. As
the charge sheet has been submitted against the accused persons and the
rescued children have been sent to Mukti Ashram as per order of the CWC,
hence no further intervention by the Commission appears to be called for. The
case is CLOSED.

These proceedings are in continuation of the earlier
proceedings of the Commission dated 09.04.13, wherein reports of the
concerned authorities were transmitted to the complainant for comments within
four weeks. The Commission has received a complaint dated 03.03.12 from
Raghib Ali, Member, Governing Board, Manavadhikar Jan Nigrani Samiti,
Daulatpur, Varanasi, U.P. enclosing therewith the news report of Indian
Express, Delhi dated 02.06.11 in which it has been alleged that the parents
of 21-year old man who eloped with a minor from the neighbourhood were shot
dead by three men in their Harsh Vihar home in North-East Delhi. Police
suspect the girl's brother is involved in the murder of the deceased persons.
The murders took place before hours before the victims alongwith their son,
Durgesh who were to attend a hearing in a Karkardooma Court on whether the
girl, now over 18 years of age and Durgesh can live together as a married
couple. At present, the girl is living in her village Khoda Bacheri, U.P.
Durgesh works in Jammu and had come to Delhi at around 03.00 a.m. on
Wednesday to attend the hearing. The case has been registered at P.S. but no
further action has been taken by the police so far. In compliance of the
Orders of the Commission, the Additional Commissioner of Police, Vigilance,
Delhi, has submitted the report dated 07.09.12 stating therein that the
matter was enquired into and found that an information was received at P.S.
Harsh Vihar that some persons fired (gun shot), at the parents of Shri Durgesh
s/o Shri Sharda Prashad Tiwari at house No.97, Gali No.7, near Saboli Phatak,
Delhi and killed them. A case FIR No.79/11 u/s 302,449, 452, 34 IPC was
registered at PS Harsh Vihar against the suspects During the course of
investigation accused persons, Padam Singh, Bhushan, Jahangir, Rattan Singh,
Mahinder, Sonu and Rakesh were arrested. The charge sheet of the case was
prepared against the accused persons and sent to Court for judicial verdict
on 03.09.11. Other allegations against the police officers could not be
substantiated. A copy of the police report was also transmitted to the
complainant for comments and he has submitted his comments dated 30.05.13
stating therein that the accused persons have committed brutal murder to the
parents of Mr. Durgesh which is clear violation of human rights, hence strict
action should be taken against the accused persons. The Commission considered
the police report. During enquiry, it was found that the parent of Mr.
Durgesh was shot dead by the accused persons. A case FIR No.79/11 u/s
302,449, 452, 34 IPC was registered against the accused persons at P.S.,
Harsh Vihar. The accused persons has been arrested and sent to jail. After
investigation charge sheet has been submitted against all the accused
persons. Now, the case is pending before the Court for judicial verdict.
Other allegations against the police found baseless and false. As charge
sheet has been submitted in the case, hence no further intervention by
the Commission appears to be called for. Case is closed.